[unrev-II] Fw:[...] Cyber Law Newsletter with Timothy Walton, Esq. - Wed., Sep. 26, 2001

From: Peter Jones (ppj@concept67.fsnet.co.uk)
Date: Fri Sep 28 2001 - 08:10:36 PDT

  • Next message: V.S.Uren@open.ac.uk: "RE: [unrev-II] faceted classification"

    I've just subscribed to this (rather spam-like named - see address below)
    However, 95% of it is relevant to present discussions so I'm just forwarding
    the whole thing.

    The one about hackers is especially scary.

    Disposable comment: The newsletter itself is also rather a nice example of
    filtering/summary based on faceted classification, lawyers having a slightly
    different take on what makes worthy news.


    ----- Original Message -----
    From: "FindLaw.com" <listadmin@LEGALMINDS.ORG>
    Sent: Thursday, September 27, 2001 12:30 AM
    Subject: [DOWNLOADTHIS] Cyber Law Newsletter with Timothy Walton, Esq. -
    Wed., Sep. 26, 2001

    > =======================================================================
    > FindLaw's DOWNLOAD THIS! http://www.findlaw.com
    > A Weekly Newsletter Covering Law and the Internet
    > =======================================================================
    > September 26, 2001
    > Issue # 53
    > Napster Strikes $26M Deal With NMPA
    > Judges Panel OKs Web-Monitoring
    > Victoria's Secret Wins In Court
    > Microsoft Accuses AOL for Letter
    > U.S. Bankruptcy, Civil Case Files To Be Placed Online
    > Firms Said To Trample Own Privacy Rules Post-Attack
    > Earthlink Was Willing To Help But Wouldn't Let FBI Search Its Data
    > * PATENTZ
    > Via Sues To Halt Pentium 4
    > Hackers Face Life Imprisonment Under 'Anti-Terrorism' Act
    > Voyeur Dorm, L.C. v. City Of Tampa, Fl (11th Cir.)
    > Cable News Network L.P., L.L.L.P. v. CNNews.com (E.D.Va.)
    > Burden v. State Of Texas (Tex. Crim. App.)
    > * FEEDBACK
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    > -----------------------------------------------------------------------
    > NOTES ON AMERICAN CIVIL LIBERTIES -- with Timothy Walton, Esq.
    > -----------------------------------------------------------------------
    > The devastating attack on America has left some people confused about
    > the appropriate response. The partial list of links below demonstrates
    > that a lot of people are suggesting that the best way to protect freedom
    > in America is to give up some of the freedoms guaranteed by the
    > Constitution. This would be a huge mistake. The terrorists will have
    > won, because they will have succeeded in eliminating some of the very
    > things that make this country great.
    > In the last two weeks, there have been proposals to let the government
    > tap our phones, read our email, seize our credit card records without
    > court order, and even create a nationwide DNA database of convicted
    > felons. Yet since terrorists are unlikely to have a criminal record in
    > the US, is this really a move to address the September 11 attacks, or is
    > the government attempting to seize an opportunity to exercise more
    > control over the citizenry? Furthermore, I don't hear anyone offering a
    > plausible explanation of how suspending the Constitution will help in
    > the fight against terrorists. Nor do I hear anyone even suggesting that
    > curtailing our freedoms protected by the Bill of Rights should be a
    > temporary measure.
    > Take the recent speculation that some suspected terrorists have used
    > encryption to communicate. If this leads to the government establishing
    > controls over how we communicate, then commerce in America will suffer
    > as much or more than the populace. Let's not forget that any affect upon
    > individual civil liberties would likely affect (and rely) upon
    > businesses. Yet some members of Congress, like Representative Howard
    > Coble (R. N.C.) and Senator Judd Gregg (R. N.H.), would rather solve the
    > problems of law enforcement by sacrificing the rights of Americans to
    > communicate with each other.
    > Under former U.S. President Clinton, the administration strongly
    > supported a requirement that the government use "key escrow" to easily
    > decrypt all communication -- in effect, holding a "secret key" to
    > encrypted communications in escrow, until it becomes necessary for law
    > enforcement to read the communication. If approved, these newly
    > proposed requirements would mean that American software companies would
    > have to both track supposedly secure communications, and provide
    > decryptions of them.
    > But the burden would not just fall on software companies. All American
    > businesses would suffer because trade secrets would become far more
    > difficult to keep. Without secure communication, businesses would have
    > to stop interacting with one another on the Internet. And for what?
    > Presumably because if the government has access to your communications,
    > then we will all be safer from terrorist attacks. But this is an
    > assumption without evidence.
    > We need to know more about the benefits of giving up civil liberties
    > before we commit to signing any away. Do I really need to spell out the
    > harm to Americans if we allow erosion of the principles our forefathers
    > took great pains to ensure? How many of the men and women who fought and
    > died for this country would want to hear that we sacrificed freedoms
    > that have kept us united for over 200 years? Let's not be in a hurry to
    > permanently disable our Bill of Rights, or it may turn out we've been
    > sold a bill of goods.
    > FindLaw Special Coverage: America Attacked
    > http://news.findlaw.com/legalnews/us/terrorism/index.html
    > "The Civil Liberties We Need To Keep, And Those We Can Afford To Lose"
    > By Julie Hilden
    > http://writ.news.findlaw.com/hilden/20010920.html
    > The U.S. Constitution
    > http://supreme.lp.findlaw.com/constitution/index.html
    > "Bush Submits His Laws for War," Wired News
    > http://www.wired.com/news/politics/0,1283,47006,00.html
    > "Bush Admin To Make Hacking A Terrorist Offence," The Register
    > http://www.theregister.co.uk/content/6/21854.html
    > Disputes on Electronic Message Encryption Take On New Urgency
    > The New York Times [free registration and cookies required]
    > http://www.nytimes.com/2001/09/25/technology/25CODE.html
    > "Terrorism Attacks Renew Debate Over Encryption Software," CNN
    > "The End Of Liberty," Salon
    > http://www.salon.com/tech/feature/2001/09/22/end_of_liberty/index.html
    > =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= =-=-=-=-\
    > FindLaw has created an online resource about the September 11th
    > terrorist attacks. Included are news reports, terrorism trial
    > transcripts, aviation security and terrorism data, FBI and CIA
    > documents, links to charities, and a volunteer clearinghouse for
    > donations of goods or services to firms affected by the attacks.
    > Go to http://news.findlaw.com/legalnews/us/terrorism
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    > -----------------------------------------------------------------------
    > NEW AND NOTEWORTHY http://news.findlaw.com
    > -----------------------------------------------------------------------
    > Edging closer to legitimacy, Napster Inc. on Monday tentatively settled
    > a lawsuit filed by music publishers and struck a deal that could lead to
    > legal and fee-based song distribution online. Under the proposed
    > settlement with the National Music Publishers' Association, Napster will
    > pay $26 million for past unauthorized use of music and $10 million down
    > payment on future royalties. The deal also sets up terms under which
    > songwriters and music publishers can license music to Napster's upcoming
    > fee-based service, which is now expected to be launched by the end of
    > the year.
    > Source: Associated Press
    > http://news.findlaw.com/ap/ht/1700/9-25-2001/20010925025227700.html
    > -----------------------------------------------------------------------
    > Struggling with privacy concerns, a panel that oversees federal judges
    > decided Wednesday that jurists and court employees should have some
    > Internet activities monitored -- but not their e-mail.
    > Source: Associated Press
    > http://news.findlaw.com/ap/a/w/1154/9-19-2001/20010919215801300.html
    > Read more details of the Judicial Conference decision [PDF]
    > http://news.findlaw.com/cnn/docs/uscourts/judconfeuse91901.pdf
    > -----------------------------------------------------------------------
    > Victoria's Secret won $120,000 in damages from a company that chose four
    > Internet domain names similar to the lingerie company's name. Victoria's
    > Cyber Secret, which has not used the domain names online, said they were
    > for planned adult entertainment sites starring Playboy Playmate Victoria
    > Silvstedt. But Silvstedt told the judge that Victoria's Cyber Secret was
    > not authorized to use her name or likeness and that she plans no future
    > business dealings with the limited partnership. An Internet arbitration
    > forum decided last March that the partnership should transfer the domain
    > names to the retailer, but Victoria's Cyber Secret did not comply.
    > Source: Associated Press
    > http://news.findlaw.com/ap/o/1110/9-19-2001/20010919015808700.html
    > The Arbitration decision
    > http://www.arb-forum.com/domains/decisions/96536.htm
    > -----------------------------------------------------------------------
    > Microsoft accused archrival AOL Time Warner of engineering a letter sent
    > on behalf of six states that criticized the soon-to-be-released Windows
    > XP operating system. The states, which are not involved in the current
    > Microsoft antitrust suit, sent the letter to Microsoft chief executive
    > Steve Ballmer this week. The attorney general who signed the letter,
    > William Sorrell of Vermont, confirmed that the original draft was
    > written by a lobbyist who works for Microsoft critics, but he had no
    > apologies... [The letter stated] that Windows XP "may involve additional
    > unlawful attempts by Microsoft to maintain its operating system
    > monopoly."
    > Source: Associated Press
    > http://news.findlaw.com/ap/ht/1700/9-22-2001/20010922054046630.html
    > FindLaw's Microsoft Antitrust Litigation Resources
    > http://news.findlaw.com/legalnews/lit/microsoft/index.html
    > -----------------------------------------------------------------------
    > U.S. courts will make civil and bankruptcy court files available on the
    > Internet, judicial officials said Wednesday, capping a two-year debate
    > about the proper balance between public access and personal privacy. The
    > group said criminal files should be left offline for the time being, and
    > sensitive personal details like bank account numbers should be left out
    > as well. The Judicial Conference of the United States, a group of 27
    > judges which sets policy for the federal court system, reached its
    > decision by mail vote after a week-long delay due to the attacks on the
    > World Trade Center and the Pentagon.
    > Source: Reuters
    > http://news.findlaw.com/legalnews/s/20010919/techprivacyfiles.html
    > -----------------------------------------------------------------------
    > -----------------------------------------------------------------------
    > Several Internet service providers and other U.S. companies breached
    > their own policies on protecting clients' privacy in response to the
    > attacks on the United States, an expert on the issue said Wednesday.
    > "I've had more than a dozen companies call to say that they had
    > knowingly violated their stated privacy policies to comply with law
    > enforcement requests since the attacks," said Larry Ponemon, chief
    > executive of Privacy Council, a Dallas, Texas, consulting firm.
    > Source: Reuters
    > http://news.findlaw.com/legalnews/s/20010919/n19114039.html
    > -----------------------------------------------------------------------
    > Less than 24 hours after last week's terrorist attacks on New York and
    > Washington, FBI agents visited executives in EarthLink's Atlanta
    > headquarters. The agents, subpoenas in hand, wanted EarthLink personnel
    > to install the FBI's controversial tracking software -- called Carnivore
    > -- on the networks the company uses to connect customers to the
    > Internet. The agents were looking for electronic clues, trying to
    > retrace suspected terrorists' steps in cyberspace. EarthLink, which last
    > year battled the FBI in court to keep the "sniffing" software off its
    > systems, said no. Instead, the Atlanta-based Internet service provider
    > used its own technology to pull records the FBI wanted.
    > Source: Atlanta Journal-Constitution
    > http://www.accessatlanta.com/ajc/terrorism/financial/0919earthlink.html
    > -----------------------------------------------------------------------
    > -----------------------------------------------------------------------
    > Taiwanese chip maker Via Technologies stepped up its legal battle with
    > Intel Thursday, filing a lawsuit that seeks to halt sales of Intel's
    > flagship Pentium 4 processor. Via and its subsidiary Centaur Technology
    > filed suit against Intel in the Federal District Court for the Western
    > Division of Texas (Austin Division), where Centaur is based, alleging
    > that the Pentium 4 violates a Centaur patent. The lawsuit seeks to stop
    > sales of the Pentium 4 and requests that monetary damages be paid to Via
    > and Centaur. The action follows a barrage of suits filed in Taiwan
    > earlier this month, in which Via alleged that Intel illegally pressured
    > motherboard makers not to buy Via's Pentium 4 chipset, and that Intel
    > employees destroyed promotional materials--such as balloons--advertising
    > the chipset.
    > Source: ZDNet
    > http://www.zdnet.com/zdnn/stories/news/0,4586,2813625,00.html
    > -----------------------------------------------------------------------
    > -----------------------------------------------------------------------
    > Hackers, virus-writers and web site defacers would face life
    > imprisonment without the possibility of parole under legislation
    > proposed by the Bush Administration that would classify most computer
    > crimes as acts of terrorism.
    > Source: SecurityFocus
    > http://www.securityfocus.com/news/257
    > -----------------------------------------------------------------------
    > -----------------------------------------------------------------------
    > VOYEUR DORM, L.C. v. CITY OF TAMPA, FL, No 00-16346 (11th Cir. September
    > 21, 2001)
    > Tampa City Code 27-523, which regulates adult businesses, applies only
    > to locations or premises where adult entertainment is actually offered
    > to the public, not where such entertainment can be viewed in other
    > locations via the Internet.
    > To read the full text of this opinion, go to:
    > http://laws.lp.findlaw.com/11th/0016346opn.html
    > -----------------------------------------------------------------------
    > CABLE NEWS NETWORK L.P., L.L.L.P. V. CNNEWS.COM, 2001 WL 1111193,
    > (E.D.Va. September 18, 2001)
    > Judicial disposition of an absent registrant's substantive rights to an
    > infringing domain name in an ACPA in rem action does not violate due
    > process even where the absent registrant is a Chinese entity that has no
    > minimal contacts with any state in the United States and uses the
    > infringing domain name in connection with a website that is wholly in
    > the Chinese language and directed to persons in China.
    > [Requires Westlaw subscription or pay-per-document fee]
    > http://www.westlaw.com
    > -----------------------------------------------------------------------
    > BURDEN v. STATE OF TEXAS, No 1698-99 (Tex. Crim. App. September 20,
    > 2001)
    > Where the defendant fails to show a reasonable degree of community
    > acceptance of purportedly obscene internet images, the trial court does
    > not err in excluding proffered evidence and testimony that the images
    > are easily accessible.
    > To read the full text of this opinion, go to:
    > [Copy and paste link into browser]
    > -----------------------------------------------------------------------
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